To ensure that the City, as far as possible, is compensated for the rights granted and receives reasonable and lawful compensation for use of Public Rights-of-Way over which it exercises control, or which is held in public trust; and, in order that the City is compensated for reasonable and lawful expenses arising from the use of those Public Rights-of-Way, the City shall, pursuant to this Subtitle, require Persons using its Public Rights-of-Way to provide Telecommunications Service to pay compensation as may be permitted under applicable law.
(Ord. 27910 Ex. A, 2010-08-03)
Every Telecommunications System Operator uses the Public Rights-of-Way subject to the condition that, should the exception from payment of Franchise or other fees established pursuant to Chapter 35.21.860 RCW ever be eliminated or modified, such Operator shall be obligated to pay to the City such compensation that would otherwise be allowed in the absence of the exception.
(Ord. 27910 Ex. A, 2010-08-03)
Except as otherwise expressly provided in this Subtitle, every Operator of a Telecommunications System must:
A. 
Pay an Application Fee for the consideration of an application for issuance of a Franchise, License or Special Street Use Permit, pursuant to Section 16B.02.070, 16B.03.110B, 16B.04.050B, and 16B.05.030A. The City Manager, at any time, may require the applicant to deposit additional sums if it appears that the initial deposit or subsequent deposits will be exhausted prior to the final action by the City relating to the actual costs of consideration by the City of an application for issuance of a Franchise. The applicant will not be entitled to further consideration by the City of its requested action until such time as the additional deposit required by the City Manager has been deposited with the City. In the event the amount of the deposit of an applicant is in excess of the amount of the actual administrative expenses of the City related to the action requested, then the applicant shall be entitled to a return of any such excess amount; and
B. 
Pay the fees required by Sections 12.02.050 and 12.02.060 of Title 12 of this code.
C. 
City may draw upon deposit. The City may, as administrative expenses are incurred, draw upon the deposit to recover its actual administrative expenses, including, but not limited to, the reasonable cost of outside consultants retained by the City related to the City’s consideration and processing of a Franchise, Special Street Use Permit, or License.
D. 
Requirement to replenish deposit. The City Manager, at any time, may require the applicant to deposit additional sums if it appears that the initial deposit or subsequent deposits will be insufficient to cover the City’s actual administrative expenses incurred through final action by the City on an application for issuance, renewal, Transfer, or modification of a Franchise, Special Street Use Permit, or License.
E. 
Reimbursement of applicant. In the event the amount of the deposit of an applicant is in excess of the amount of the actual administrative expenses incurred by the City related to the action requested, then the applicant shall be entitled to a return of any such excess amount.
F. 
Police powers. The requirement to pay actual administrative expenses set forth herein is pursuant to the police powers of the City and as authorized by law and any obligation to pay such costs, including reasonable consultant fees, shall not be construed to arise by contract or to be incurred to enforce the provisions of a contract.
G. 
Billable work order. Establish a billable work order, in accordance with Section 10.22.080, to cover the expense of issuing and administering work order permits and inspecting facilities.
H. 
Impact assessment. In the event the City determines by resolution or ordinance that an impact assessment shall be chargeable to an Operator based on the activities of the Operator in the Public Rights-of-Way, pay such impact assessment to compensate, as far as permissible under applicable law, the actual loss to the City resulting from damage caused to the Public Rights-of-Way by the installation of the facility.
(Ord. 27910 Ex. A, 2010-08-03)
Nothing in this section relieves any Telecommunications System Operator of its obligation to bear costs associated with its operations, including, but not limited to, relocation of facilities in accordance with TMC § 10.22.180.
(Ord. 27910 Ex. A, 2010-08-03)
The fact that an Operator has paid an application deposit, as set forth in Section 16B05.030A, and billable work order deposit, as set forth in Section 10.22.080, does not excuse that Operator from its duty to pay other types of fees as required elsewhere by Title 16. As an example, and not as a limitation of the foregoing, the Operator of a Telecommunications System must pay a Franchise fee under Subtitle 16A to the extent it provides Cable Services to subscribers via a Cable System.
(Ord. 27910 Ex. A, 2010-08-03)
A. 
No acceptance by the City of any fee or assessment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such fee or assessment payment be construed as a release of any claim the City may have for additional sums payable.
B. 
Within 90 days following the end of the calendar year, the chief financial or executive officer or other duly authorized representative of each Telecommunications System Operator shall submit an affidavit, stating that such Operator did not provide Services using facilities within the Public Rights-of-Way during the preceding year for which a Franchise, License or Special Street Use Permit is lawfully required pursuant to this Subtitle, other than to provide Telecommunications Services as defined herein. If a Telecommunications System Operator provided any other services for which City authorization is lawfully required within the preceding year using facilities within the Public Rights-of-Way, the chief financial or executive officer or other duly authorized representative of such Telecommunications System Operator shall identify each such non-Telecommunications Service that was provided and identify the Franchise, License, or Special Street Use Permit Telecommunications System authorizing the provision of such services.
(Ord. 27910 Ex. A, 2010-08-03)
If payments are late, in addition to paying any applicable penalties or damages, the Person that owes the fee or assessment shall pay interest on the amount owed at the rate of 1 percent per month or fraction thereof compounded monthly.
(Ord. 27910 Ex. A, 2010-08-03)
A Franchisee, Licensee, Special Street Use Permittee, or, when applicable, an applicant for a Franchise, License, or Special Street Use Permit, may, in accordance with Chapter 1.23, request administrative review of the following:
A. 
The determination by a City official of the amount of the assessment for any expense(s) required to be paid by the Franchisee, Licensee, Special Street Use Permittee, or applicant for Franchise, License, or Special Street Use Permit for work performed by the City pursuant Section 16B.05.030G of this Subtitle;
B. 
The determination by a City official of the amount of the fee deposit, if any, that the Franchisee, Licensee, Special Street Use Permittee, or applicant for a Franchise, License, or Special Street Use Permit fee, is entitled to reimbursement of, pursuant to Section 16B.05.030E, or must deposit additional sums, pursuant to Section 16B.05.030D; and
C. 
The determination by a City official of the amount of the billable work order deposit, if any, that the Franchisee, Licensee, Special Street Use Permittee, or applicant for a Franchise, License, or Special Street Use Permit fee is entitled to reimbursement of or credit for, pursuant to Section 10.22.080, or must deposit additional sums, pursuant to Section 10.22.080.
(Ord. 27910 Ex. A, 2010-08-03)
A. 
Indemnification. Unless otherwise approved by the City’s Risk Manager, no Franchise, Special Street Use Permit, License, or other authorization to use the Public Rights-of-Way issued to a Telecommunications System Operator or a private Telecommunications System owner shall be valid or effective until and unless the City obtains an adequate indemnity from such Operator. The indemnity shall at a minimum require the Operator to:
1. 
Release the City from and against any and all liability and responsibility in or arising out of the construction, operation, or maintenance of the Telecommunications Facilities. Each Telecommunications Facility Operator must further agree not to sue or seek any money or damages from City, its trustees, elected and appointed officers, agents, and employees in connection with the above-mentioned matters;
2. 
Indemnify and hold harmless the City, its trustees, elected and appointed officers, agents, and employees from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys’ fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from or of the acts, errors, or omissions of the Telecommunications System Operator, or its agents, independent contractors, or employees related to, or in any way arising out of, the construction, operation, or repair of the Operator’s facility.
3. 
Provide that the covenants and representations relating to the indemnification provision shall survive the term of any Franchise, Special Street Use Permit, License, or other authorization and continue in full force and effect as to the party’s responsibility to indemnify.
B. 
Insurance. Unless otherwise approved by the City’s Risk Manager, no Franchise, Special Street Use Permit, License, or other authorization to use the Public Rights-of-Way issued to a Telecommunications System Operator shall be valid or effective until and unless the City obtains assurance that such Operator (and those acting on its behalf) has adequate insurance. At a minimum, the following requirements must be satisfied:
1. 
A Telecommunications System Operator shall not commence construction of the facility without obtaining all insurance required under this paragraph and approval of such insurance by the Risk Manager of the City, nor shall a Telecommunications System Operator allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the Telecommunications System Operator has facilities in the Public Rights-of-Way, and for a period thereafter as specified in the minimum coverages described below. If the Operator, its contractors, or subcontractors do not have the required insurance, the City may order such entities to stop operations until the insurance is obtained and approved.
2. 
Certificates of insurance, reflecting evidence of the required insurance and naming the City as an additional insured for both ongoing and completed operations, as provided below, shall be filed with the City’s Risk Manager. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. For entities that have facilities in the Public Rights-of-Way as of the effective date of this Subtitle, annually thereafter, and as provided below in the event of a lapse in coverage, unless a pre-existing Franchise or License provides for filing of certificates in a different manner.
These certificates shall contain a provision that the insurers providing coverages afforded under these policies will not cancel same until at least 30 days’ prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the state of Washington (or issued as a surplus line by a Washington Surplus lines broker). Financial Ratings must be no less than “(A-)VII” in the latest edition of “Bests Key Rating Guide,” published by A.M. Best Guide.
In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse prior to the expiration of the Franchise, Special Street Use Permit, or License, then, in that event, the Telecommunications System Operator shall furnish, promptly following renewal or replacement of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination of insurance during the balance of the period of the Franchise, Special Street Use Permit, or License under which the Telecommunications System operates.
3. 
A Telecommunications System owner or Operator, and its contractors or subcontractors engaged in work on the Operator’s behalf in, on, under, or over Public Rights-of-Way, shall maintain the following minimum insurance. The City shall be named as an additional insured for both ongoing and completed operations on the general liability and additional insured on the automobile policies.
Commercial general liability insurance to cover bodily injury, personal injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and contractual liability. Coverage must be written on an occurrence basis, with the following limits of liability:
(a) 
Bodily injury and property damage.
(1) 
Each occurrence: $1,000,000.00.
(2) 
Annual aggregate: $2,000,000.00.
(b) 
Personal injury and advertising injury.
(1) 
$1,000,000 any one person or organization.
(2) 
Annual aggregate: $2,000,000.00.
(c) 
Completed operations and products liability shall be maintained for three years after the termination of the Franchise (in the case of the Telecommunications System Operator) or completion of the work for the Telecommunications System Operator (in the case of a contractor or subcontractor).
(d) 
Property damage liability insurance shall include coverage for the following hazards: X - explosion, C - collapse, U - underground.
(e) 
The foregoing limits may be met through any combination of primary and umbrella and/or excess policies.
4. 
Workers’ compensation insurance shall be maintained during the life of any franchise to comply with statutory limits for all employees, and, in the case any work is sublet, each Telecommunications System Operator shall require the subcontractors similarly to provide workers’ compensation insurance for all the latter’s employees unless such employees are covered by the protection afforded by each Telecommunications System Operator. Each Telecommunications System Operator and its contractors and subcontractors shall maintain employer’s liability insurance and commercial auto liability insurance for the duration of the Franchise and for three years after the termination of the Franchise (in the case of the Telecommunications System Operator) or completion of the work for the Telecommunications System Operator (in the case of a contractor or subcontractor). The following minimum limits must be maintained, which limits may be met through any combination of primary and umbrella and/or excess policies:
(a) 
Workers’ Compensation Statutory.
(b) 
Employer’s Liability: $1,000,000 per occurrence.
(c) 
Commercial Auto Liability.
(d) 
Bodily Injury and Property Damage.
(1) 
Each accident: $1,000,000.00.
(2) 
Annual aggregate: $2,000,000.00.
Coverage shall include owned (if any), hired, and non-owned vehicles.
5. 
Excess or umbrella liability providing coverage in excess of the above required commercial general liability, commercial auto liability, and employer’s liability with limits not less than $5,000,000 each occurrence and $5,000,000 aggregate.
6. 
Each Telecommunications System Operator shall hold the City, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of its construction, operation or repair of its Telecommunications System and name the City as an additional insured for both ongoing and completed operations on the General Liability and additional insured on the automobile liability, as provided above.
7. 
In every Franchise agreement, Special Street Use Permit or License, the City shall reserve the right to require any other insurance coverage it deems necessary depending upon the exposures.
8. 
The insurance shall include a waiver of subrogation rights to the extent that any liability for costs, losses, and damages resulting from any personal injury, death, and/or property damage may be covered by the proceeds of such insurance policies, and include an endorsement that such policy is primary and noncontributing.
C. 
Security fund. Unless reduced as provided hereinbelow, every Telecommunications System Operator shall establish a cash security fund or provide the City an irrevocable letter of credit in the minimum amount of $50,000, to secure the payment of fees owed, to secure any other performance promised in a Franchise, License, or Special Street Use Permit issued pursuant to this Subtitle and to pay any taxes, fees, or liens owed to the City. The letter of credit shall be in a form and with an institution acceptable to the City’s Director of Finance and in a form acceptable to the City Attorney. Should the City draw upon the cash security fund or letter of credit, it shall promptly notify the Telecommunications System Operator and the Telecommunications System Operator shall promptly restore the fund or the letter of credit to the full required amount. This security fund/letter of credit may be waived or reduced by the City, pursuant to the terms of the Franchise Agreement, or with respect to a Special Street Use Permit or License, in the discretion of the Director.
(Ord. 27910 Ex. A, 2010-08-03; Ord. 28409 Ex. B, 2017-02-14)
A. 
Administration of subtitle. The City Manager is responsible for enforcing and administering this Subtitle, and the City Manager is authorized to give any notice required by law or under any Franchise, Special Street Use Permit, or License. The City Manager is also authorized to seek information from any Telecommunications System Operator, to establish forms for submission of applications and other information, and to take all other actions necessary or appropriate to the administration of this Subtitle or any Franchise, Special Street Use Permit, or License in furtherance of the City’s Public Rights-of-Way management authority; provided that, a Franchise may only be denied, issued, transferred, assigned, or revoked by action of the City Council.
B. 
Penalties. Except as provided at Section 16B.05.120, any Person found to have violated a provision of this Subtitle, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $1,000, by imprisonment not exceeding 90 days, or by both such fine and imprisonment. Each day that any such violation of this Subtitle 16B continues shall constitute a separate offense. Notwithstanding the foregoing, nothing in this section shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this Subtitle.
C. 
Revocation or forfeiture of franchise, special street use permit, or license.
1. 
Revocation. In addition to all other rights of the City under a Franchise or Special Street Use Permit, the City shall have the right to revoke the Franchise or permit, (1) for violations of material provisions of this Subtitle or of a Telecommunications Systems Operator’s Franchise agreement or permit; (2) for defrauding or attempting to defraud the City or subscribers; (3) if the Franchisee abandons the Telecommunications System. A License is revocable at will.
2. 
Forfeiture of franchise, special street use permit, or license. Notwithstanding the foregoing Section 16B.05.100C.1, the City may declare a Franchise, Special Street Use Permit, or License forfeited without opportunity to cure or the notice required by this Section 16B.05.100C.2 where the Franchisee, Permittee or Licensee: (1) fails to begin to exercise its rights under the Franchise, Special Street Use Permit, or License within a period specified in the Franchise, Special Street Use Permit, or License; (2) stops providing Service it is required to provide in the Franchise, Special Street Use Permit, or License; (3) without the prior consent of the City, Transfers the Franchise, Special Street Use Permit, or License; (4) fails to pay any undisputed annual occupancy fees or Franchise, Special Street Use Permit, or License fees owed hereunder; or (5) is found by a court or regulatory body with jurisdiction to have defrauded or attempted to defraud the City or the Telecommunications Operator’s customers within the City. In other cases, a Franchisee, Permittee or Licensee shall have the right to receive 30 days’ prior notice of an intent to declare a Franchise, Special Street Use Permit, or License forfeited, and shall have the opportunity to show cause why the Franchise, Special Street Use Permit, or License should not be forfeited.
3. 
Bankruptcy. Notwithstanding the foregoing Sections 16B.05.100C.1 and 2, to the extent permitted by applicable law, a Franchise, Special Street Use Permit, or License will automatically terminate by force of law 120 calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the Franchisee, Permittee or Licensee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding, unless such termination would be prohibited by applicable law. However, the Franchise, Special Street Use Permit, or License may be reinstated within that 120-day period, if: (1) such assignment, receivership, or trusteeship has been vacated; or (2) such assignee, receiver, or trustee has fully complied with the terms and conditions of this Subtitle and the Franchise, Special Street Use Permit, or License and has executed an agreement, approved by any court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of this Subtitle and the Franchise, Special Street Use Permit, or License. However, in the event of foreclosure or other judicial sale of any of the facilities, equipment or property of a Franchisee, Permittee or Licensee, the City may revoke the Franchise, Special Street Use Permit, or License, following a public hearing before the City Council, by serving notice upon the Franchisee, Permittee or Licensee and the successful bidder at the sale, in which event the Franchise, Special Street Use Permit, or License and all rights and privileges of the Franchise, Special Street Use Permit, or License will be revoked and will terminate 30 calendar days after serving such notice, unless the City has approved the Transfer of the Franchise, Special Street Use Permit, or License to the successful bidder, and the successful bidder has covenanted and agreed with the City to assume and be bound by the terms and conditions of the Franchise, Special Street Use Permit, or License and this Subtitle 16B.
4. 
Relation to insurance and indemnity requirements. Recovery by the City of any amounts under insurance, the construction/performance bond, the letter of credit, or otherwise does not limit the Franchisee’s, Permittee’s or Licensee’s duty to indemnify the City in any way; nor shall such recovery relieve the Franchisee, Permittee or Licensee of its obligations under the Franchise, Special Street Use Permit, or License, limit the amounts owed to the City, or in any respect prevent the City from exercising any other right or remedy it may have.
5. 
Effect of termination or forfeiture. Upon termination or forfeiture of a Franchise, Special Street Use Permit, or License, whether by action of the City as provided above or by passage of time, the Franchisee, Permittee or Licensee shall be obligated to cease using the Telecommunications System for the purposes authorized by the Franchise, Special Street Use Permit, or License. After 30 days’ written notice to the Franchisee, Permittee or Licensee, the City may either take possession of some or all of the Franchisee’s, Permittee’s or Licensee’s facilities in the Public Rights-of-Way or require the Franchisee, Permittee, or Licensee or its bonding company to remove some or all of the Franchisee’s, Permittee’s or Licensee’s facilities from the Public Rights-of-Way and restore the Public Rights-of-Way to the condition specified in Title 10 of the Tacoma Municipal Code. Should the Franchisee, Permittee or Licensee neglect, refuse, or fail to remove such facility, the City may remove the facility at the expense of the Franchisee, Permittee or Licensee. The obligation of the Franchisee, Permittee or Licensee to remove shall survive the termination of the Franchise, Special Street Use Permit, or License for a period of two years; provided, that this provision does not permit the City to take possession of, or require the Franchisee to remove, any facilities that are used to provide another Service for which the Franchisee, Permittee or Licensee holds a valid Franchise, Special Street Use Permit, or License issued by the City.
6. 
Remedies cumulative. All remedies under this Subtitle 16B and any Franchise, Special Street Use Permit, or License are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall the exercise of a remedy or the payment of liquidated damages or penalties relieve a Telecommunications System Operator of its obligations to comply with its Franchise, Special Street Use Permit, or License. Remedies may be used singly or in combination; in addition, the City may exercise any rights it has at law or equity. Recovery by the City of any amounts under insurance, the performance bond, the security fund or letter of credit, or otherwise, does not limit a Telecommunications System Operator’s duty to indemnify the City in any way; nor shall such recovery relieve a Telecommunications System Operator of its obligations under a Franchise, Special Street Use Permit, or License, limit the amounts owed to the City, or in any respect prevent the City from exercising any other right or remedy it may have.
(Ord. 27910 Ex. A, 2010-08-03)
A. 
Purpose.
1. 
Each franchised Telecommunications System Operator shall provide the City reasonable access to the City’s oversight and enforcement authority pursuant to any Franchise, this Code, or any applicable law, in accordance with the provisions of a Franchise. The City may inspect any books and records and copy non-confidential books and records. The Telecommunication System Operator’s obligation includes the obligation to reasonably produce all books and records related to revenues derived from the operation of the Telecommunications System to the extent that system revenues affect the fees or taxes charged or burdens imposed on the Telecommunications System Operator under a Franchise. An Operator is responsible for obtaining or maintaining the necessary possession or control of all such books and records related to the construction, installation, or repair of the Telecommunications System so that it can produce the documents upon request. Books and records must be maintained for a period of five years, except that: (1) any record that is a public record must be maintained for no less than the period required by state law; and (2) a Franchise may specify a shorter period for certain categories of voluminous books and records where the information contained therein can be derived simply from other materials.
2. 
For purposes of this Subtitle, the terms “books and records” shall be read expansively to include information in whatever format stored. Books and records requested shall be produced to the City in accordance with the provisions of a Franchise agreement.
3. 
Without limiting the foregoing, a Telecommunications System Operator shall make available to the City the following within ten days of their receipt or (in the case of documents created by the Telecommunications System Operator or its Affiliate) filing:
(a) 
Notices of deficiency or forfeiture related to the operation of the Telecommunications System; and
(b) 
Copies of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the Franchisee, Permittee or Licensee or by any partnership or corporation that owns or controls the Franchisee, Permittee or Licensee, directly or indirectly.
B. 
Retention of records; relation to privacy rights. Each Telecommunications Systems Operator shall take all reasonable steps required, if any, to ensure that it is able to provide the City all information which must be provided or may be requested under this Subtitle, Franchise, Special Street Use Permit, License, or applicable law. Each Operator shall be responsible for redacting any data that applicable law prevents it from providing to the City. Nothing in this section shall be read to require an Operator to violate state or federal law protecting subscriber privacy.
C. 
Reports. The City Manager may require Operators of Telecommunications Systems to maintain records and to prepare reports relevant to determining the compliance of the Telecommunications System Operator with the terms and conditions of this Subtitle and their Franchises, Special Street Use Permits, or Licenses. Operators shall maintain such records and provide such reports additionally as are specifically required by Chapters 16B.01, 16B.02, 16B.03, and 16B.04 of this Subtitle.
D. 
Compliance with laws. Each Franchisee, Special Street Use Permittee, and Licensee shall comply with all applicable laws related to the use of the Public Rights-of-Way and all other applicable laws heretofore and hereafter adopted or established during the entire term of its Franchise, Special Street Use Permit, or License.
E. 
Reservation of authority. The City may do all things that are necessary and convenient in the lawful exercise of its jurisdiction under this Subtitle.
F. 
No waiver. The failure of the City to insist on timely performance or compliance by any Person holding a Franchise, Special Street Use Permit, or License shall not constitute a waiver of the City’s right to later insist on timely performance or compliance by that Person, or any other Person holding such a Franchise, Special Street Use Permit, or License.
G. 
Subtitle not a contract. The City expressly reserves the right to amend this Subtitle from time to time in the exercise of its lawful powers. The provisions of this Subtitle shall not be construed to create or be a contract.
(Ord. 27910 Ex. A, 2010-08-03)
A. 
Persons operating without a franchise, special street use permit, or license. The Operator of any facility, the operation of which is required to be franchised, permitted, or licensed under this Subtitle, shall have three months from the effective date of this Subtitle to file one or more applications for a Franchise, Special Street Use Permit, or a License under this Subtitle. Any Telecommunications System Operator timely filing such an application shall not be subject to a penalty under Section 16B.05.100B hereof for failure to have such a Franchise, Special Street Use Permit, or License, as long as said application remains pending; provided, however, nothing herein shall relieve any Telecommunications System Operator of any liability for its failure to obtain any Franchise, permit, or other authorization required under other provisions of the Tacoma Municipal Code, and nothing herein shall prevent the City from requiring removal of any facilities installed in violation of the Tacoma Municipal Code.
B. 
Persons with pending applications. Pending applications shall be subject to this Subtitle. A Person with a pending application shall be provided 30 days from the effective date of this Subtitle to submit additional information to comply with the requirements of this Subtitle governing applications.
C. 
Transitional rules to be narrowly interpreted. It is the intent of the City to apply the provisions of this Subtitle to Telecommunications System Operators, including local exchange carriers that now occupy or may in the future occupy, Public Rights-of-Way, except to the extent federal or state law prevents it from doing so.
D. 
Special rules for government entities. Nothing herein requires the City to enforce this Subtitle against other governmental agencies providing Telecommunications Services in the City if the City is prevented from doing so as a matter of law. The City is authorized to enter into agreements with other governmental agencies to facilitate the City’s use and management of its Public Rights-of-Way, and such agreements shall be enforceable according to their respective terms.
E. 
No waiver. The failure of the City to enforce any provision of this Subtitle on any occasion shall not operate as a waiver or estoppel of this right to enforce any provision of this Subtitle on any other occasion, nor shall the failure to enforce any prior ordinance or Charter provisions affecting Telecommunications Facilities or Telecommunications System Operators act as a waiver or estoppel against application of this Subtitle or any other provision of applicable law.
(Ord. 27910 Ex. A, 2010-08-03)
In addition to any other requirements of the Subtitle, wireless communication antennas and wireless communication facilities may be located in the Public Rights-of-Way, subject to the following requirements:
A. 
Application of Chapter 13.06. Wireless communication antennas and facilities may be located in the Public Rights-of-Way, subject to the substantive requirements of Sections 13.06.545, as now or hereafter amended, provided that the requirements of Section 13.06.545 for a special use permit or waiver shall not be applicable to wireless communication antennas and facilities in the Public Rights-of-Way.
To the extent that any provision of Chapter 13.06 is inconsistent with or conflicts with this Subtitle, Chapter 13.06 shall control. Otherwise, this Subtitle shall be construed consistently with the other provisions and regulations of the City.
B. 
Co-location. Co-locations on existing structures are the only allowable installations when locating wireless communication antennas and related facilities in the Public Rights-of-Way; provided however, that ground mounted equipment is permitted in accordance with Section 16B.05.130G.
C. 
Antennas attached to existing structures. Antennas may be attached to existing structures, including, but not limited to, light standards, utility poles, bridges, and sign structures. Such installations shall not be approved on Public Rights-of-Way in areas zoned R-1, R-2, R-2 SRD, or R-3, except immediately adjacent to public or quasi-public uses, as set forth in Section 13.06.545 or as set forth in Section 16B.05.130F below. The complete removal and replacement of such existing structure to accommodate the attached facility is subject to approval by the owner of the facility. Proposed installations on bridges shall be reviewed carefully with respect to the visual impacts related to the design of the bridge. In the event that the bridge proposed for installation of an antenna is designated on a historic register (local, state, or federal), the proposal shall be reviewed by the Tacoma Landmarks Commission, or its successor.
D. 
Installation of new structure. In order to accommodate a wireless communication antenna, the Director of Public Works may approve removal and replacement of an existing utility pole, streetlight standard, or similar structure normally associated with the use of the street Public Rights-of-Way within the City of Tacoma; provided, that the removal or replacement is consistent with the substantive requirements of Sections 13.06.545. Such installations shall not be approved on Public Rights-of-Way in areas zoned R-1, R-2, R-2 SRD, or R-3, except immediately adjacent to public or quasi-public uses, as set forth in Section 13.06.545 or as provided pursuant to Section 16B.05.130F below. Examples where such installations would be prohibited include placing streetlight structures in undeveloped Public Rights-of-Way that do not currently have such lighting, or installation of new utility poles in Public Rights-of-Way in an area in which the overhead utilities have been placed underground.
E. 
Antenna installations within public rights-of-way. Antenna installations within Public Rights-of-Way shall not be approved in areas reserved primarily for aesthetic and/or recreational purposes, including, but not limited to, traffic circles, small traffic islands not presently containing a utility pole or light standard, parks developed within undeveloped Public Rights-of-Way, pocket parks, and planted medians. Planted medians involved in this limitation include, by way of example but not limitation, North Mason Street, North Pearl Street, and North Union Avenue. Proposed installations on City Public Rights-of-Way within park and open-space areas under the ownership, control, or management of Metro Parks Tacoma shall be subject to the review and approval of Metro Parks Tacoma.
Antennas attached to structures in the Public Rights-of-Way may extend a maximum of 16 feet above the structure to which they are attached. Antennas extending up to 25 feet above the structure may be approved by the Director of Public Works upon a demonstration that such additional height is necessary for safety or operational considerations.
A new street light standard, utility pole, or similar structure, which is installed in the Public Rights-of-Way to accommodate a wireless communication antenna and which replaces an existing street light standard, utility pole, or similar structure, may not exceed 16 feet above the height of the structure replaced; provided that, such a new structure extending up to 25 feet above the height of the structure replaced may be approved by the Director of Public Works upon a demonstration that such additional height is necessary for safety or operational considerations.
F. 
Special provision for small antennas. An attached antenna that, together with all aboveground antenna facilities does not exceed 15 inches cubed in volume and does not extend above the structure to which it is attached, may be approved by the Director of Public Works to be installed in the Public Rights-of-Way in all areas zoned R-1, R-2, R-2 SRD, or R-3.
A new street light standard, utility pole, or similar structure, which is installed in the Public Rights-of-Way in all areas zoned R-1, R-2, R-2 SRD, or R-3 to accommodate a wireless communication antenna and which replaces an existing street light standard, utility pole, or similar structure, may not exceed the height of the structure replaced.
G. 
Ground-mounted equipment. Ground-mounted equipment serving antennas in the Public Rights-of-Way shall be located immediately adjacent to or within the footprint of the structure on which the antenna will be mounted, subject to safe sight-distance requirements as determined by the City Traffic Engineer and to the operational requirements of the owner of the structure. In addition, care shall be taken to make the ground-mounted equipment as unobtrusive as possible, including increased setbacks from edge of roadway or sidewalk, landscaping, attachment to utility, or light pole for suitable small equipment or undergrounding. Ground-mounted equipment may be located on adjacent property out of the Public Rights-of-Way, subject to the location and setback requirements of Section 13.06.545 (nonresidential, public or quasi-public, or commercial).
H. 
Construction standards and permits. All antennas and related equipment, facilities, or installations shall, at the time of construction or installation, meet or exceed all current construction industry standards, applicable federal, state, and City codes and regulations. Repair shall not be made to an existing antenna or its related equipment, facilities, and installations which will cause the existing antenna and related equipment, facilities, or installations to be in violation of the current APWA construction standards, nor shall any repair be made when such existing antenna or its related equipment, facilities, or installations are not in compliance with the current APWA construction standards. No person, firm, or corporation shall construct, repair, or install an antenna or its related equipment, facilities, or installations in the Public Rights-of-Way, pursuant to Section 16B.05.130, without first having obtained a special installation permit to do so from the Director of Public Works.
(Ord. 27910 Ex. A, 2010-08-03)
A. 
Captions. The captions to sections throughout this Subtitle are intended solely to facilitate reading and reference to the sections and provisions of this Subtitle. Such captions shall not affect the meaning or interpretation of this Subtitle.
B. 
Calculation of time. Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Subtitle or any Franchise, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of duration time.
C. 
Severability. If any term, condition, or provision of this Subtitle shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding on the Franchisee, Special Street Use Permittee, or Licensee and the City.
(Ord. 27910 Ex. A, 2010-08-03)